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Night Out On Us Terms

NEW YORK POST – NIGHT OUT ON USSWEEPSTAKES OFFICIAL RULES

1. ELIGIBILITY:NEW YORK POST – NIGHT OUT ON US SWEEPSTAKES (“Sweepstakes”) is open only to legal U.S. residents, including the District of Columbia and excluding Rhode Island, who are 18 years of age or older at the time of entry. Proof of residency and age may be required. All entrants must be “Authorized Account Holders” of the email address submitted prior to 2/15/16. An “Authorized Account Holder” is defined as the natural person 18 years of age or older who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g. business, education institution). Employees, officers, directors and representatives of NYP Holdings, Inc. d/b/a the New York Post (“NYP”) (hereinafter, “Sponsor”), its respective parent companies, subsidiaries, affiliates, divisions, licensors and advertising/promotion agencies (collectively, the “Related Entities”) and immediate family members (spouse and parents, siblings and children and their spouses) and persons living in the same households of each of the above (whether related or not) are ineligible to enter or win a prize. Any person who has been selected as a prize winner and agreed to accept such prize in any sweepstakes or contest sponsored by Sponsor during the six (6) month period immediately preceding the start date of the entry period of this Sweepstakes is ineligible to win a prize in this Sweepstakes. Void where prohibited by law. All federal, state and local laws apply.

2. HOW TO ENTER: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. The Sweepstakes entry period begins at 12:00 AM Eastern Daylight Savings Time (“EDT”) on 2/15/16 and ends at 11:59:59 PM EDT on 3/15/16 (hereinafter, “Sweepstakes Period”). Sponsor’s clock shall be the official timekeeping device for the Sweepstakes. Go to www.nypost.com/night-out-on-us and register to receive The New York Post Morning Digest and/or Special Offers for FREE. All Entries must be received by 11:59:59 PM EDT on 3/15/16. Limit one (1) Entry per person, per email address during the Sweepstakes Period. Use of automated devices is not valid for entry. Any entry that is submitted with the use of an automated device will be void. Mechanically reproduced or computer generated Entry forms and Entries (except as permitted in these Official Rules) are ineligible and will be disqualified. Sponsor is not responsible for lost, late, misdirected, illegible, incomplete, mutilated or stolen Entries; printing errors appearing on any Entry form, within these Official Rules, in any Sweepstakes-related advertisements or other materials; or other errors of any kind whether mechanical, human, electronic or otherwise. Entries that are late, illegible, incomplete, unreadable, damaged, destroyed, delayed, lost, tampered with, incomprehensible, forged, mutilated, misdirected, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. Your Entry constitutes your consent to participate in this Sweepstakes and your consent for Sponsor to obtain and deliver your email address, and other information, for the purpose of administering this Sweepstakes and for other uses by Sponsor as permitted by applicable law. All Entries become the property of Sponsor and will not be returned. All requested Entry information must be provided in English to enter and be eligible to win. By submitting an Entry, entrant agrees to abide by the terms of these Official Rules and the New York Post Privacy Policy. The information you provide is subject to the New York Post’s Privacy Policy available at https://nypost.com/privacy/.

3. WINNER SELECTION AND ODDS OF WINNING: On or about 3/16/16, one (1) potential prize winner will be selected in a random drawing conducted by Sponsor from among all eligible Entries received. Odds of winning depend on the total number of eligible Entries received. Selected potential prize winner will be notified by email on or about the 3/17/16. Sponsor shall have no liability for any prize winner notification that is lost, intercepted or not received by a potential prize winner for any reason. On or about 3/17/16, selected potential prize winner will be sent (via email and/or other means determined by Sponsor in its sole discretion) a Prize Verification Form together with a liability/publicity release for potential prize winner (collectively, “Prize Verification Form/Release”). Selected potential prize winner will be required to complete and return (as directed by Sponsor) the Prize Verification Form/Release to Sponsor so that they are received by Sponsor within three (3) days of such document being sent (or other date as determined in the sole discretion of Sponsor), or, in Sponsor’s sole discretion, such selected potential prize winner’s prize may be forfeited and an alternate potential prize winner may be selected in accordance with the Official Rules from among the remaining eligible entrants. In Sponsor’s sole discretion, selected potential prize winner may be disqualified and required to forfeit his/her prize and an alternate potential prize winner may be selected in accordance with these Official Rules from among the remaining eligible Entries, if such selected potential prize winner: (i) is unreachable to contact potential prize winner via the email address provided at time of Entry; (ii) notification is returned as undeliverable; (iii) declines or cannot accept, receive or use the prize for any reason; or (iv) fails to comply with these Official Rules. In the event the prize is forfeited, it may not be awarded. Sponsor reserves the right to modify the notification and Prize Verification Form/Release procedures in connection with the selection of alternate potential prize winner(s), if any.

4. ONE (1) PRIZE: Prize consists of one (1) $200 American Express Gift Card and two (2) VIP Ringside tickets to the Easter Eve Uprising at Webster Hall in New York City on March 26, 2016. The approximate retail value (“ARV”) of the prize is $300. No transfer, substitution or cash equivalent of any prize permitted by prize winner. Sponsor may substitute a prize with one of equal or greater retail value if the advertised prize is unavailable or cannot be awarded for any reason. The ARV of the prize set forth above represents Sponsor’s good faith determination of the ARV thereof and the actual fair market value, as ultimately determined by Sponsor, cannot be challenged or appealed by the prize winner. In the event the stated ARV of the prize is more than the actual fair market value of the prize, the difference will not be awarded in cash. Reporting and payment of any applicable federal, state and local taxes are the sole responsibility of the prize winner. Sponsor has made no warranty or guarantee in whole or in part, express or implied, in fact or in law, in relation to the use of any prize including, but not limited to, its quality, merchantability, fitness for a particular purpose or suitability for use and, further, accepts no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. If the prize is unclaimed, it will not be awarded.

5. GENERAL CONDITIONS: By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be appealed. By entering, each entrant agrees and acknowledges that Sponsor and the Related Entities are not responsible for and shall not be liable for: (i) telephone system, facsimile, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes or the processing of Entries; (ii) data corruption, theft, destruction, unauthorized access to or alteration of Entry or other materials; (iii) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or in part, directly or indirectly, by a prize or resulting from acceptance, redemption, possession, loss, use or misuse of any prize or from participating in the Sweepstakes or any Sweepstakes related activity, or inability to participate in the Sweepstakes; or (iv) any printing, typographical, human, administrative or technological errors in any material associated with the Sweepstakes. In the event more prize winner notifications are issued, or more winning claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, seeding, human or other error or problem, a random drawing will take place from among all eligible prize claims for the prize at issue to award the proper number of prizes as set forth in these Official Rules. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. No more than the number of prizes stated in these Official Rules will be awarded. By accepting a prize, prize winner agrees and acknowledges that Sponsor and the Related Entities and any of their designees may, without limitation or further compensation, use his/her name, voice, biographical data, picture, likeness, city name and audio and/or video recording of him/her in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for the purpose of advertising and promoting the Sweepstakes, any other promotion, contest or Sweepstakes sponsored by the Sponsor, or for any other promotional purpose, except where prohibited by law. Sponsor disclaims any liability for damage to any computer system related to or resulting from participating in, or accessing or downloading information in connection with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should an error or a virus, bug, computer problem or any other cause or problem corrupt or inhibit the administration, security or proper operation of the Sweepstakes and, in such situation, to select the prize winner from among the remaining eligible non-suspect Entries received prior to and/or after the action taken or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. In the event that the Sweepstakes is modified, cancelled or suspended, notification of such event will be posted at http://www.nypost.com/night-out-on-us-terms. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. By entering the Sweepstakes, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. By accepting a prize, prize winner agrees to defend, indemnify and hold harmless the Sponsor and the Related Entities from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to: (i) entrant’s participation in the Sweepstakes, and (ii) entrant’s acceptance, use or misuse of a prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). Prize winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or the use or redemption of the prize. In the event the Sponsor or the Related Entities are prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s or the Related Entities’ control (each a “Force Majeure” event), the Sponsor and the Related Entities shall have the right, in their sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor or the Related Entities, in their discretion, elect to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor and the Related Entities reserve the right, but shall have no obligation, to award the prize from among all valid and eligible Entries received up to the time of such Force Majeure event. The interpretation of these Official Rules shall be governed by the laws of the United States and the State of New York exclusively and solely by and within the courts of that state without regard to choice of law principles.

7. NAME OF PRIZE WINNER/OFFICIAL RULES: To request the name of the prize winner, available after 3/26/16, or a copy of these Official Rules, send a self-addressed, stamped envelope to: NEW YORK POST – NIGHT OUT ON US SWEEPSTAKES, 1211 Avenue of the Americas, New York, NY 10036-8790. Please specify “Official Rules” or “Winner List.” Requests must be received by 5/31/16.